THE SIND IRRIGATION ACT, 1879

~IND ACT xe.vn OF 1879)

( APPLICABLE IN THE PROVINCE OF S'ND )

lJy
HA~tID ALl
M. A .• M.Ed .• l.L.B .

•• lxponent (,f the l.aw "

Amended & U pro-date

THE IDEAL PUBLISHERS

l ~U!BU(iATJONSOF LAW 100M !
Po~ Bolt No. 3514, KanehJ.S.
 CONTENTS.

PREAMDLD.
PART I

PRELIMINARY

SrCTIONS.
I, Short title

Local extent.

2. [Repealed.]

3. Interpretation-clause

4. Appointment of Canal-officers 3

Proviso 3
PART II

01' T nr CONSTRUCTION AND MAIXITNANrr: or CANALS.

Application of Water for purposes of Canals.

5. Notification when water-supply lo he applied for purposes

of canal. 4

Powers of Entry all Lan.l, etc.

6. Powers of Canul-ofliccrs for purpose of so applying

water-supply 4

7. Entry for inquiry 4

8. Power to inspect anti regulate water-supply 5

9. Power to enter for repairs, and to prevent accidents 5

10. Notice to occupier of building, etc. 5

Canal Crossings.

] I. Means of crossing canals to be provided and obstruction

to drainage to be avoided ,
 Ii
CONTENTs

Removal of Obsrtuctions 10Drainage.

Sr.CTIONS. Pagca
12. Provincial Government may prohibit formation of
obstructions of rivers, etc., within certain limits. 5
13. Canal-officer may issue order to person causing obstruction 6
14. Canal-officer may cause obstruction to be removed 6
Construction of Drainage works.
15. When drainage-works are necessary, Provincial Govern-
ment may order scheme to be carried out. 6
PART ITI
OF WATER-COURSES.
Construction of new Waler-COl/rses.
16. Construction of new water-courses by private arrangement 6
17. Application for construction by Canal-officer of new
M~~m 6
18. Procedure when Canal-officer considers construction of
water-course expendicnt 7
Application by person wishing to be joint owner 7
If application admitted, applicant liable for share of cost 7
19. Collector to acquire land 7
20. Procedure after construction of water-course 7
Rights and Obligations of Owners of Water-course,
21. Obligations of owner of water-courses 8
Rights of owners and users of water-courses 8
22. Arrangement with owner by other person 8
23. Canal-officer after inquiry may aulhorise supply, or
declare applicant to be joint owner 9
24.. Use of land acquired for water-course for other purpose 9
25. If owner fails 10 execute work or to repair water-course,
Canal-officer may execute same 9
Person using water-course 10 pay share of expenses of
~~ 9
Settlement of Disputes concerning Water-courses.
26. SettlemenI of disputes as to.rnutual rights and liabilities
of persons interested in water-course 9
 iii

CONTlNTS

PART IV

01' 'ruu SUI'I'LY' OF WAHII.

Applications fur Supply,

SECTIONS. Pages.
27. Water 10 be supplied on written application 10

and water may be supplied for purposes other lh,," those of 10

irrigation.
Provisions as 10 supply,

23. Power to stop water-supply 10

28-A. Recovery of Cost of repairs of module II

29. Duration of supply 11

'::0. Agreemcnts fur supply of water transferable with pro- II

pcrty in respect of which supply given.

Right to usc of water not transferable in other case without 11

permission of' Canal-officer.

PART V

OF TH.t AWARD Of CuMPtNSATlON.

CumpcI1s0liuI1whCII cloimoble.

31. Compensation in 'cnses of nsccrtuinablc substantial damage 11

Exceptions 11

Rcmissiou of water-rates when allowable 12

32. Limitation of claims 12

33. [R~pclIled·1 12
Summary Derisions.

34. Compensation 1"'1' damage caused by entry 011 land, elc 12

35. Compensation on account "I' inteHupli,'ll of walcr-supply , 1.3

36. Decision as to amoullt of compcnsauon undcr either of

last two sections conclusive 13
 iv

CONTENTS

Formal Adjudications.

SECTIONS. Pages

37. Notice as to claims for compensation in certain cases •. 13

38. Claims to be preferred to Collector . . 13

39. Col-ector to be guided by provisions of Land Acquisition

Ad, 1870 13

40 Diminution in market-value to be considered in Iixing

compensation 14

41. Compensation when due 14

Interest 14

Abatements 0/ Land-revenue and Rent.

42. Abatement of revenue-demand on interruption of water-

supply 14

43. Abatement of inferior holder's rent 011 interruption of

water supply 14

Enhancement of inferior holder's rent on restoration of

water-supply 14

PART VI.

OF WATER-RAns.

Supply Rates.

44. Determination of rates for supply of canal-water 14

Provision for cases in which existing water-supply is

improved 15'

Occasional Rates.

45. Liability when person using watcr unauthorizcdly cannot

be identified 15

46. Liability whcn water runs to waste. • 15

47. Charges recoverable in addition to penalties .. 13

 .,

Percolation and Leakage Rates

SBcnONS. Pages

48. Land deriving benefit from percolation liable to water-rate 15-16

Protection-rate.
49 to 66. [RepeaTed.] 16
Recovery 0/ Water-rates and other Dues in Arrears.

57. Water-rates when and to whom to be paid 16

Arrears to be recoverable as land-revenue 16

Rent due to owners of water-courses to be recoverable

as arrears of land-revenue 16

PART VII

OF OBTAINING LABOUR FOR CANALS ON EMERGENCIES.

58. Procedure for obtaining labour for works or repairs

urgently required 17

59. List of Labourers 17

6(1. Reports to be made by Canal-officer 17

PART VIII

OF P".N,l.LTIES.

61. For damaging canal, etc. ..17-19

62. For endangering stabilityof canal, etc. 19
62-A. Punishment for abetment. 19

63. Obstruction to be removed and damage repaired 19-20

64. Persons employed on canal may take offenders into

custody 20

65. Saving of prosecution under other laws 20

66. Payment of fine as award to informant 20

 vi

PART IX
MISCELLANEOUS.
SEcnONS. Pages.
67. Appeals against orders under Act .. 20-21
68. Power to summon and examine witnesses 21
69. Service of notices •. 21

69-A. Service of notice when Person cannot be served in the

ordinary manner .. 21
70. Power to make, alter and cancel rules .• 21-22
Publication of rules 22
71. Saving of municipal water-works 22

PART X
OF SECOND-CLASS IRRIGATION WORKS
72. Application of this Part 22
73. Notification of Second-class Irrigation Work .. 22-23
74. Proclaimation by the Collector 23
75. Application of certain sections of the main Act .. 24-25
76. Framing of Record-of-rights 25
77. Powers of Canal-officer 25
78. Revision of Record-of-rights 26
79. Commutation of rights 26
80. Power of Provincial Government where works are un-
der taken increasing supply. . 26

81. Publication of Record-of-rights 26

82. Entries in the Record-of-rights to be relevant as evidence 26

83. Notice of suit to be given to the Collector 27
SUilS against Provincial Government 27

Period of limitation 27
 CONtENTS

SI!(.'TIONS. Pa~es.

84. Obligation to carry out petty repairs •. 27-28

85. Incidence of obligation 28

86. Power to enforce rights and obligations 28

87. Duty of Patel to report failure to effect repairs .. 28

88. Public servant and some other persons protected from

legal proceedings _. 28

89. Power to make rules 29

PART iXI

SPECIAL PROVISIONS FOR CERTAIN LANDS lRRIOABLE BY THE

LLOyD BARMGB CANAU.

90. Application of this Part 29

91. Power to change source of water-supply .. 29-:30

92. Construction of new water-courses and liability of land

holders for payment of cost thereof. _ 30

Costs of construction of new water-courses in local areas 31

Distribution of cost of construction over irrigated lands 31-33

92A. r

t
Revision of sum due under clause (c) of sub-
section (4) of section ~2 and payment thereof •. 33-35
92"8.

93. Retrospective operation of sections 91 and 92.. 35

 2 Irrigation [1879: Sind vn
(b) AU works, embankments, structures and supply and
esacape-channels connected with such canals. channels,
pipes or reservoirs, and all roads constructed for the
purpose of facilitating the construction or maintenance
of such canals, channels, pipes or reservoirs;
(c) all water-courses, drainage-works and flood embank-
ments as hereinafter respectively defined;
(d) any part of a river, stream, lake, sub-soil water, natural
collection of water or natural drainage-channel, to which
the [Provincial Government] may apply the provisions of
section 5, or which the water has been applied or used
before' the passing of this Act for the purpose of any exis-
ting canal;

(e) all land belonging to '[the Crown] which is situated on a

bank of any canal as hereinbefore defined, and which has
been appropriated under the orders of '[any Government]
for the purposes of such canal;
(2) "water-course" means any channel or pipe not maintained
at the cost of '[the Provincial Government], which is supplied with
water from a canal, and includes all subsidiary works connected with
any such channel or pipe. except the sluice or outlet through which
water is supplied from a canal to such channel or pipe;

(3) "drainage-work" means any work in connection with a

system of irrigation or reclamation made or improved by '[any
Government] for the purpose of the drainage of the country, whe-
ther under the provisions of section IS or otherwise, and includes
escape-ehannels from a canal, dams, weirs, embankments, sluices,
groins and other works connected therewith, but does not include
works for the removal of sewage from towns;

(4) "flood-embankment" means any embankment constructed or

maintained by '[any Government] in connection with any system of

1. Subs, by 'he A.O., 1931, for "G.; 0 C:'

2.. Subs.I!.JJ. (or "Govt...•
3. Su"'./6i4. (or"'he Oov, r.
4. b.ened v;de Goof. 01W.P. Ord, No. XXXVIIr of I~ «bled 22nd November, 1961.
 1879 : Sind VII] Irrlgatlon
irrigation or reclamation works for the protection of lands from
inundation or which may be declared by the '[Provincial Govern-
ment] to be maintained in connection with any such ..sy.stem, nnd
includes all groins, spurs, dams and other protective works connec-
ted with such embankments;

(5) "Collector" '. • • • includes any 91fICer appointed by

the '[Provincial Government] to exercies all or any of the powers of
a Collector under this Act;

(6) "Canal-officer" means any officer lawfully appointed or

invested with powers under section 4;

(7) "owner" includes every person having a joint interest in the

ownership of the thing specified, and all rights and obligations which
attach to an owner under the provisions of this Act shall attach
jointly and severally to every person having such joint interest in the
owner-ship.

4. '[The Provincial Government] or; subject to such orders as API'olD!'

may from time to time be passed by '[the Provincial Government], ~~~;~
any '[servant of the Crown] whom the '[Provincial Government] Officen.
empowers in tliis behalf may-
(0) appoint' such officers with such designations, and assign to
them respectively such powers and duties .under this Act,
as '[the Provincial Government] or such officer may
deem fit;
(h) invest' any '[servant of the Crown", in, any department,
either personally. or in right of his office., or any other
person, with such powers, and impose upon him such
duties, under this Act, as '[the Provincial Government]
or such officer may deem fit:
Provided that any assignment of, or investment with, powers Proviso.
or duties made under this section may at any lime be cancelled or
varied by the authority who made it.

I. Subs. by the A.O., 1937,for"0.inC".

2. The words "means the head revenue officer of a district and" rep. by the Sind (jenera I.
Clauses Acl, 1886 Sind 3 of 1886), Sch. B.
3. Sub'. by the A.O., 1937, fur Guv!. ...
4. Sub'. ibid. for "o/licer of Govl ....
S. For notification issued under this sectlon.see S.L.R; and O.
6. S"bs. by the A.O., 1937. for "Govt. Officer".
 4 Irrigation [1879: Sind V1I

PART II
OF THE CONSTltUCfION AND MAINTENANCE OF CANALS,
Application of Water for purposes of Canals.
~~~~fic;~,~~. 6. Whenever it appears expendient to the '[Provincial Govern-
supply 'Of be ment] that the water of any river or stream flowing in a natural
~~~~~~e, ~rf channel, or of any lake or any other natural collection of still water,
Ca ..l. '[or any sub-soil water], should be applied or used by '[the Provin-
cial Government] for the purposes of any existing or projected canal,
the '[Provincial 'Government] may, by notification in the '[Official
Gazette 1. declare that the said water. will be so applied or used after
a day to be named in the said notification, not being earlier than
three months from the date thereof.
Powers of Entry all Land, etc.
~:;'T ;r~·i. 6. At ~l1y t!rnc after the day so named, any Canal-officer duly
COl'for nur- empowered III this behalf may enter on any land, remove any
p0'f .of So obstruction, close any channel and do any other thing necessary for
~,~~e;'~~PP1Y. such ar-nlication or use of the said' water, and for such purpose"may
take wih him, or depute or employ, such subordinates and other
persons as he deems fit.
~nlrr for 7. Whenever it shall be necessary to make any inquiry or
IlI,qulry.
examination in connection with a projected canal, or. with the
maintenance of an existing canal. any Canal-officer duly empowered
in this behalf, and any person acling under the general or special
order of any such Canal-officer, may i->
(a) enter upon such land as he may think necessary for the
purpose, and
(b) exercise all powers and do all things in respect of such
land as he might exercise and do if '[the Provincial
Government] had issued a notification under the provi-
sions of section 4 of the 'Land Acquisition Act, 1870, to
the effect that land in that locality is likely to be needed
for a public purpose, and
(c) set up and maintain water-gauges and do all other things
necessary for the prosecution of such inquiry and
examination.
J. Subs. by the A.O .• 1937, for "G. i. C ".
t
2. Subs. ibid. for "Ihe: Govl.. ,
3. Subs. ibid, for "n. G. G ....
4. For such a declaration see S.I..R. and O.
5. A. se« now the L:Jnd Acquisition Act, 1894 (I of 1894).
6. Inserted vldc Gov l . of w.p. Ord. No. XXXVIII'of 1969 dated 22nd November, 1969.
 1879: Sind vn] Irrigation
8. Any Canal-officer duly empowered- in this behalf, and any Powers inspect a04
to

person acting' under: the general' or special order .of any such Canal- water
regulate
sup-
officers, may enter upon any land, building i or water-course, on ply.
account of which anywater-rate is chargeable, for the pUTP\Jse of
inspecting or regulating the use 'of the water supplied or of measu-
ring the land irrigated thereby or chargeable with a water-rate, and
of doing all things necessary for the proper regulation and manage-
ment 'of the canal from which such water is supplied.
9. In case of any accident being apprehended or happenin~ to powCrlo en'er for
a canal,any Canal-officer duly-empowered in this behalf, and :any repairs, and
prevent
person acting under the general 'or special order of any' such Canal- 10 accidenls.
officer, may enter upon any hind adjacentto suchcanal, and. may
take trees and other materials, and exectlte-all works which may be
necessary for the purpose of preventing such. accident or repairing
any damage done,
10. When a Canal-officer Or other person proposes, under the OCCI,pieT Noli\.."e to
of
provisions of any of the three last preceding sections, to enter into building, etc.
any building or enclosed court or garden attached to a dwelling'
house, not supplied with water from a canal, and not adjacent to a
flood-embankment, hi shall previously give to the occupier of such
building, court or garden' such reasonable notice as the urgency of
the case may allow.
Canal Crossings.
11. Suitable means of crossing canals shall be provided at cro5sing Mean' or
suchplace as the '[Provincial Government l'[ or '[any Commissioner1 canalsto
be provide"
if empowered, by '[the Provincial, Government] in the behalf'] ed and ob-
thinks necessary for the reasonable convenience of the inhabi- struction to
drainge 10
tant of the adiacent land; and suitable bridges, culverts or be avoided.
other works shall be constructed to prevent the drainage of the
adjacent land being obstructed by any canal.
Removal of Obstructions to Drainage.
12. Whenever it appears to the '[Provincial Government] Provincial Govern..
that injury to the public health, or public. convenience, or to any canal ment may
or to any land for which irrigation from a canal is available, has ari- prohibit
mation of
for..

sen or may arise from the obstruction of any river. stream or natu- obstrueticns
ral drainage-course,' the '[Provincial Goveiilmentl· may, by notifi- etc., or ·riVCB,
within
cation published in the '[Official' Gazette], prohibit, within limits to certain limits.
1. Subs. by Ihe A.O., 1937. for "G. in C."
.2.· Ins. hy Ihe Sind Repealing ond Amending Act, 1910 (Sind I or 1910), S. 2. Seh. I, Pl. "
Serlal No. 11;.
3. Sind Or1inanc, No: XVII or 1974 NOliri,ollon dl. 22·(0-1974.
4. Subs. or Ihe A.O., 1937, ror ..Govl .",
~. S~b·.., ibid, for, D. O. 0"
 Irrigation (1879 : Sind VJI

be defined in such notification, the formation of any such obstruc-

tion or may, within such limits, order the removal or other modifi-
cation of such obstruction.
Thereupon so much of the said river, stream or natural drainage-
channel, as is comprised within such limits, shall be held to be a
drainage-work as defined in section 3.
Canal·om· 13. Any Canal-officer duly empowered in this behalf may,
rer rnay
lssue order after such publication, issue an order to any person causing or having
to person control over anysuch obstruction to remove or modify the same
causing ot·
structlon. within a time to be fixed in. such order.
Ca'ml -em- 14. If, within the time so fixed, such person does-not comply
cer may ca-
use obs'ruc- with the order, the Canal-officer may cause the obstruction to be
i(ln to he removed or modified; and if the person. to whom the order was issued
removed.
does not, when called upon, pay the expenses of such removal or
modification, such expenses shall be recoverable by the Collector as
an arrear of land-revenue.
Construction of Drainage-works.
When dra- 15. Whenever it appears to.the '[Provincial Government] that
in:lge-wcrks
arc necess- any drainage-work is necessary for the public health or for the
ary. Provin- improvement of the proper cultivation or irrigation of any land, or
cial G averu-
men t may th:1l protection from floods or other. accumulations of water, or
order sche- from erosion hy a river, is required for any land, the '[Provincial
me 10 he
carried ell:'. Government] may cause a scheme for such work to be drawn up
and carried into execution,
and the person authorizedhy the '[Provincial Government]
to draw up and execute such scheme may exercise in con-
nection therewith the powers conferred on Canal Officers by
sections 7, 8 and 9, and shall be liable to the obligations imposed
upon Canal officers by sections 10 and 34.
PART III
OF WATER-COURSES.
Construction of 11('1\' Water-courses.
Construe- 16. Any person may, with the permission of a Canal-officer
~~~c~:c~:;::' duly empowered to grant such permission, construct a new water-
rcscs oy course if he has obtained the consent of the holder of the land
~;~~~I;ell\co" required therefor.
Application 17. Any person desiring to construct a new water-course, but
f"le.'n,I,,,c- being unable or unwilling to construct it under a private arrangement
~i~~c~}~~~~;~ with the holder of the land required for the same, may apply, in
"iller-course. ._. . .. __ "'_._"_~

J. Sub' by the 1\.0 .• 1931. for "G. iu C".

 1879: Sind VII] Irrigation 7

writing to any Canal-officer-duly empowered to receive such applica-

tions, stating:-
(I) that he is ready to defray all the 7xpenses necessary for
acquiring the land and· constructing such water-course;
(2) that he desires the said Canal-officer in his behalf and at
his cost to do all things necessary for constructing such
water-course.
18 If the Canal-officer considers the construction of such I'~"c<d(~"
water-~ourse 'expedient, he may call upon the applicant to deposit ~I ~R.ce/"­
any part of the expense such officer may consider necessary, ~~~;:;t~~fion
and upon such deposit being made, shall cause inquiry to be o[",ter-
made into the most suitable alignment for. the' said water-course, ~~i:~,~x­
and shall mark out the land which, in his .opinion, it will be
necessary to occupy for the construction thereof,
and.shall forthwith publish a notification. in every village
through which the water-course is proposed to be taken, that so
much of such land as is situated within such village has been so
marked out,
and shall send a copy of such notification to the Collector of
every district in which such landis situated, for publication on such
land.
. The said notification shall also call upon any person wh.o t,:I~~~~'~i~n
Wishes to share In the ownership of such water course to make his on wi~h;ng
application in that respect to the Canal-officer within thirty days of 10 be joint
the publication of such notification. owner.
If any such applicant appears and his application is admitted If appllcatloa
he shall be l!able to pay his share in the construction of such water- ~~~\~~~i
course, and In the cost of acqumng the land for the same, and shall liable [or
bean owner of such water-course when constructed. share o[co,I.
19. On receipt of copy of such notification, the Collector shall fo~~ti;e
proceed to acquire such land under the provisions of the 'Land I~Dd. u
Acquisition Act, 1870, as if a declaration had been issued by '[the
Provincial Government], for the acquisition thereof under section
6 of that Act, and as if '[the Provincial Government] had thereup-
on directed the Collector" to take order for the acquisition of such
land under section 7 of the said Act, and (if necessary) as if '[the
Provincial Government] had issued orders for summary possession
being taken under section 17 of the said Act.
20; On being put in possession of the land, the Canal-officer Procedure
Sh aII cons tru
ruct the require
. d water-course;, an d "ItS completion after
. on Con"01
truction
shall give to the owner notice thereof, and of any sum payable by water
Course.
-------_._-------_ .. _- --
I. S" now the Canal Aequisilio. Act 1894 (I of 1894).- B
2. Sub•• by the A.O.. 1937, for "the Govt.",
 Irrigation [1879: SIND vn
him Oil account of the cost of acquiring the land and constructing
the water-course. On such notice being given, such sum shall be due
from the owner to the Canal-officer. On receipt of payment in full
of all expenses incurred, the Canal-officer shall make over posses-
sion of such water-course to such owner.

Rights and Obligations of owners of Water-courses.

Obligation!
0r owner 21. Every owner of a water-course shall be bound:-
or water-
courses, (a) to construct and maintain all works necessary for the
passage across such water course, of canals, water
courses, drainage-channels and public roads existing at
the time of its construction, and of the drainage inter-
cepted by it, and for affording proper communications
across it for the convenience of the occupants of
neighbouring lands;
(b) to maintain such water-course in a fit state of repair for
the conveyance of water;
(c) to allow the use of it to others or to admit other persons as
joint owners thereof on such terms as may be prescribed
under the provisions of section 23;
Righ" of and every owner of a water-course and every person duly authorized
~~~;'~r"",1 under the ~rovisions hereinafter contained to use a water-course
"aler.co"rse, shall be entttled:-

(d) to have a supply of water by such water-course, at such

rates and on such terms, as may from time to time be
prescribed under section 44 and by the rules made by
the '[Provincial Government] under section 70.
Provided always that any owner of a water course and, subject
to the terms of any agreement between the parties, or to any condi-
tion imposed under section 23; any such person as aforesaid may
at any time, by giving three months' previous notice in writing in
this behalf to a Canal-officer duly empowered to receive such notices,
resign his interest in such water-course.

A n , -nt 22. Any person desiring to have a supply of water through a

w:::: o~; water-course of which he is not an owner may make a private
~~,';;,~er arrangement with the owner for permitting the conveyance of
water thereby, or may apply to a Canal-officer duly empowered to
receive such applications for authority to Use such water-course or
to be declared a joint owner thereof.
1. Subs. by tbe A.O., 1937,for "G. in C".
 1879: Sind Vl1 Irrigation 9

23. On receipt of any such application the Canal-officer shall Cf8nll!·01f~r

. h h • . a ter IDqUiry
serve notice on t e owners to s ow cause why such authonty should ":lay ulhori.
no~ b~ granted,. or such. declaration should rio.t be made, and, if ~o ~~e 'd~~~e
objection be. :ral~d, or if any. objection be raised and be. found In- applicant 10
sufficient, or invalid, shan; subject to the approval of the Collector be JOlllt
either authorize the applicant to Use the water-course, or declar~ owner.
him to be a-joint owner thereof on such conditions as to the pay-
ment of compensation Or rent or 'otherwise as may appear to him
equitable.
24. No land acquired under this Part for a water-course '[and ~:d~~quired
no land occupied bya water-c0llrse constructed under section 92J, for water
shall be used for any other purpose without the previous consent of r~~':her
a Canal-officer duly empowered to grant such permission. purpose.
25. If any owner of a 'water-course fails to fulfil any obligation rl'~ner e
imposed upon him by clause (a) or (h) of section 21, any Canal-officer C~,'t: :o~~ .
duly empowered in this behalf may require him by notice to execute ~:~r repa~
the necessary work or-repair within a period, to be prescribed in such Otnah,"nlce;
notice, of not less than fifte~n days. and, iri the event <if ~ailure, :'.:Z,...celll e
may execute. the same on hIS behalf, and, except : as hereinafter .
provided in this section; all expenses incu1'fed in the execution or
such work or repair shall be sum due by such owner to '[the
Provincial Government]. .
Every person other than anowner who uses any water-course in ~:~Iel
respect of which any repair has been executed by a Canal-officer coui:to
under this section shall, in the absence of any agreement. between ::rYe~;~se.
1he. pa rties or of any condition imposed under section 23 at the time of repair.
such person was authorized to use such water-course to the contrary,
he liable to pay to '[the Provincial Government] such proportion
of the expenses incurred in the execution of such repairs as shall be
detcrmined by the said Canal-officer.
Settlement of Disputes concerning Water-courSes
26. Whenever a dispute arises between two or more persons in Sefl.~!emc,Del.
. mutuaI ng
regard to their . h ts or I'rabiliti
I tttes In respec t 0 f th e. u~e, 0.~ uISPU
10 mutual
construction or maintenance of a water-course. or among joint ~'8~\iabilili<l
owners of a water-course, as to their respective shares of-the expense lOr person~
or constructing or maintaining such water-course. or as to the ~:~~~~:~e
amounts severally contributed by' them towards such expense,
or as 10 failure on the part of any owner to contribute his share,
any person interested in the matter of such dispute may apply..
in writing, to anv Canal-officer duly empowered to receive such
applications, stating the matter in dispute.
1. Ins. by Sind 14 of 1931, s, 2.
2. glibs, by the A.O., 1937, for "Govt.".
 10 Irrigation [1879: Sind VII

Such officer shall thereupon give notice to the other persons

interested that, on a day to be named in such notice, he will proceed
to inquire into the said matter;
and if all the persons interested consent, in writing, to his being
arbitorator, he may pass his order thereon;
failing such consent, he shall transfer the matter to the Collector,
who shall inquire into and pass his order thereon.
Any order passed by the Collector under this section shall
remain in force until, set aside by a decree of a Civil Court.
PART IV
OF rne SUPPLY OF WATER

Applications for Supply.

Wal-':'~ I"
be SUl'pliC11 27.. Every person desiring to have a supply of water '. from a
on ""f111~n
application,
canal shall submit a written application to' that effect toa Canal-
officer duly empowered to receive such applications; in such form
as shall from time to .... time be prescribed by '[the' 'Provincial
Government] in this behalf. .
- "
~~~t,:;'~~p_ If the application be for a supply of wntef to be used for purposes
pliedCor other than those of irrigation, the' Canal-offlcer vmay, with the
~~~~I:;:'aO;':S sanction of '[the Provincial Government]. give permission for water
~ho'" ~r to be taken for such purposes under such special conditions and
""1:-1"0', restrictions as to the limitation, control and measurement ofthe
supply as he shall be empowered by '[the Provincial Government]
to impose in each case.
Provisions as to Supply.
~~~'~~::1~1' 28.. The supply of water to any water-course or to any person
s"ppl)', who is entitled to such supply shall not be stopped except-
(a) whenever and so long as it is necessary to stopsuch supply
for the purpose of executing any work 1 ordered by
competent authority;
(h) whenever and so long as any water-course by which sucl:
supply is received is not. maintained in such repair
as to prevent the wasteful escape of water v
" 1.'
therefrom;
',. .
(c) whenever and so long as it is necessary to do so in order
to supply in rotation the legitimate demands of other
persons entitled to water;
---------------- ._----
I. S"bs by Ihe A,D., 1937 for "Gov\",
 1179: Sind VllJ Irrigation II

(tI) whenever and so long as it may be necessary to do so in

order to prevent the wastage or misuse of water;
(e) ~itbin periods fixed from time to lime by a Canal-officer
duly empowered in this behalf, of which due notice shall
be given;
[([) whenever and so long as it is necessary to stop such supply
pending a' change in thesource thereof by a Canal-
officer under section 91].
'(g) whenever and so long 'as it is
'necessary 10 repair the
module tampered with.
·28~A. The cost of repairs of the module' tampered with shall, Recovery of
as deterimined by the Canal Officer, be recovered from the person k:~~:i;~,'f
or persons chargeable in respect of the water supply through such rn.rdulcs.
module as arrears of land revenue.
,29.. 'When .canal-water is supplied for the irrigation of one or O"r"n"n "f
more crops only, the permission to use such water shall be held tn '"I'Ply.
continue only until such crop or crops shall come to maturity, and
to applyonly to such crop or crops. '

30. Every agreement for the supply of canal-water to any land; Agree",'-'"
r-uilding . or other immovable property shall be transferable there- r", supply
with, and shall be presumed to have beensotransferred whenever ?:"~~!~::l1"0
a transfer of such land. building or other immovable property takes with pI'...
place. f~::tt"f .
which s"rply
No person entitled t~ the use of any work or and appertaining ;;~:~\" nee
to any canal, and, except III the case of any such agreement as afore- "f"al~r
said, no person entitled to use the water of any-canal, shallsell or f;;~~"~~~
sub-let, or otherwise transfer. his right to such use without the othere",e
permission of a Canal-office dulv empowered to grant such permis.. ~~~~:~';~I1~"
sion, (:;,ina!-I,I\i·
ccr.
PART V
OF THE AWARD OF COMPENSATION.
Compensation when claimable.
. 3L Compensation may be ~wardedin respect of any substan- Compcusa-
tial damage caused by the exercise of any of the powers conferred ticn 111
by this Act, which. is capable of being ascertained and: estimated at ~~;~~I:;~,~'~e
the tnneof awarding such compensation: ,ub,l:lnti"l
ce,'
Provided that. ?-o compensation shall he so awarded in respect ""m:l
of any damageansmg from- E,cci'I"'n'•

I, ("I, ([) tris. by Sind 14 of 1931, s.3.

. _------ -"-----
: v-d- Sird Act VI of I Q76. Notification No: PAS/Legi"BIII'2117~ dat"d.31" March IQ76.
 1~ Irrigation [1879: SIND Vii
(a) deterioration of climate, or
(b) stoppage of navigation, or the means of rafting timber or
of watering cattle, or
(c) stoppage or diminution or any supply of water in conse-
quence of the exercise of the power conferred by sec-
tion 5, if no use .have been made of such supply within
the five years next before the date of the issue of the
notification under section 37 or
(d) failure or stoppage of the water in a canal, when such
failure or stoppage is due .to-
(I). any cause beyond the control of [the Provincial
Government],
(2) the execution, of any repairs, alterations or. addi-
tions to the canal, or
(3) any measures considered necessary by any Canal-
officer duly empowered in this behalf for regulat-
ing the proper flow ofwater in the canal, or for
maintaining the established course of irrigation;
Rcmis!liio n but any person who suffers loss from any stoppage or diminu-
of water-
rates when tion of his water-supply due to any of the causes named, in clause
allowable, (d) of this section shall be entitled to siJclt remission of the water-
rate payable by him as may be authorized by the '[ProvincialGo-
vcrnrnent].
Limilation 32. No claim for compensation under this Act shall be enter-
of claims. tained after the expiration of twelve months from the time when
the damage complained of commenced, unless the Collector is
satisfied that· the claimant had sufficient cause for not making the
claim within such period. .
33. [CompensatiOli not claimable in respect of works executed
prior to Act.] Rep. by Act XVI of 1895.
Summary Decisions.
Coumcnsa- 34. In every case of entry upon any land or building under
tion fortia-·
mage call~cd
section 6, section 7, section 8, or section 9, the' Canal-officer or per-
hy entr'y C'1l
land etc,
son making the entry shall ascertain and.record the extent of the
damage, if any, caused by the entry, or in the execution Of any work,
to any crop, tree, building or other property;
and within one month from the date of such entry compensation
shall be tendered by a Canal-officer duly empowered in this behalf
to the landholder or owner of the property damaged.
 Ut79: SW VD]

, H such lender is notaccepted the Call1ll-officer~hiut, forthwitli

,refer the matter to the Collector for the. purposeof making inquiry
as to the amount of compensation and deciding the same.

35. H the supply of water to any land irrigated from a canal <;:ornp<nsa-
be interrupted otherwise than in the manner described in clause (d) ~~u~t"
of section 31, the holder of such land may. present a petition for i,etruPtioJl
compensation to the Collector for any loss arising from such inter- ~up';;i;~r
ruption; and the Collector, after consulting the Canal-officer. shall
award to theI petitioner reasonable compensation
.
for such loss.·
36. The decision of 'the collector under either of the last two Dec;sion,.
preceding sections as to the amount of compensation to be awarded, to amount
or; if in any rule framed under section 70, such decision shall be ~~~:n'de~'"
declared to be appealable, then the decision of the authority to whom ~ilherof.la.'l
the appeal lies, shall be conclusive. r~~c~\~~
Formal ~djudications.
st. As
soon aspracticable after the issue of a notification Nollce as 10
under section 5; the Collector shall cause public 'notice to be given claimsfor
at convenient places, stating that :'[the Provincial Government] fi~,::rnnc':r:
intend to apply ot use the.water, as aforesaid; and that claims for lain cases.
compensation may. be madebeforehim.
A copy of sections 31 and 32 shall' be annexed to every such
notice.
,38. An claims for compensation. under this Act, other than Claims 10
claims of the nature provided for in section 34 and 35, must be made ~lrf.r·li
before the Collector of the district in which such claim arises, eclor~ Co •
39: The '9>llector shall " i i~qu!r~ intc; every. such claim an.d Colleclor 10
detemnne the amount of compensation, If any; which should m his beguld~<\
opinion be given to the claimant and sedions I r, 12, 14. 15, 18 to 23 ~r :'J'SlO.
(inclusive),'26 to 40 (inclusive), Sf and 58 of the 'Land Acquisition Acqu;,;tion
Act 1870, shall apply to such inquiries: Act 1870.

Provided that Instead of the fast ciause of·the said section 26,
the following shall be read:-
"The provisions of this section and of sections 31' and 40 of
tlie '[Sind] Irrigation Act, 1879, shall be read to every assessor
in a ~e. ~.~):J. .he und~rstl}rids. before he gives his opinion
a810 tbe amount ofcompensa~o,n to be.awarded,"
I. Subs. by I.... A.O:. 1937, for "Ihe Govt••
2. 8'e now the Land ACQuISition Act. 1894 (I of 1894).
3. Su1:>s. for "Bombay" by Sind ordinance S of 19S5. 5. 3 (i) read ...;Ih W.P. Act. I of 1936.
p"o'fiso 10. S 3. (".e.f. 30Ih May, 1951).
 14 Irrigation [1879: SINU VU
Dlmlntl1illn 40. In determining the amount of compensation under the last
market
il\
value 10 he preceding section, regard shall be held to the diminution in the
considered market-value, at the time of awarding compensation;' of the property
in fixing ell-
mpcn";Ilj(l" in respect of which compensation is claimed;
and, where such market-value is not ascertainable, the amount
shall be reckoned, at twelve times the amount of the diminution of
the annual, net profits of such property, caused by the exercise of the
powers conferred by this Act.
C('m,~n;J.­
41. All sums of money payable for compensation awarded
lion «hen under section 39, shall become due three 'months after the claim for
due.
such compensation was made;
and simple interest at the rate of six per centum per annum
shall be allowed on any such sum remaining unpaid after the said
three months, except when the non-payment of such sum is caused
by the neglect or refusal of the claimant to apply for or receive the
same.
Abatements of Land-revenue andRent.
,\I'.'cl\\cnl 42. If compensation is awarded under section 39 on account
of T<'d nuc- of a stoppage or diminution of supply of water to any land paying
\1~:~l~~,p~~" revenue to '[the Provincial Government]; and the 'amount of the
o["i,er. . revenue payable on account of' such land has been fixed with refer-
'tlPP y ence to the water-advantages appertaining thereto, the holder of the
said-land shall be entitled to an abatement of the amount of revenue
payable to such extent as shall be determined by the Collector.
"h"cn",n' 43. Every inferior holder of any land in respect of which such
of inferior compensation has been paid shall, if he receives no part of the said
:~~~~r~' compensation, be entitled to an abatement of the rent previously
ln'erruplion payable by him to the sUJ?Crior holder thereof in proportion to the
~,~;~~c.'- reduced value of the holding;
[nh'nc<- . but, if a water-supply which. increases the ~alue of the holding
';"'01 ofinfc· If afterwards restored to the said land otherwise than at the cost
riort hold~~~S .of the inferior holder, the superior holder shall be entitled to enhance
:~~'Iio"nrof the rent in proportion 'to suchincreased value i Provided that the
woocr.suPplYenhanced rent shall not in any case exceed the rent payable by the
inferior holder before the abatement, unless the superior holder shall,
independently of the provisions of this section, be entitled so to
enhance the previous rent. '
PART VI.
OF WATER-RATES.
. Supply Rates.
Deterrnlna
44. Such rates shall be leviable for canal-water supplied for
tiOD or rale, purposes of irrigation.ior for any otherpurpose, as shall from time
for supply to time be determined by the '[Provincial Government].
or canal
-water. I. Sub'. by the ".0.,1931, forGOYI..•·
Subs. Ibid. for "0,10 C.".
 1879: Sind VllJ Irrigation 15

'If owing to the construcuon of a new canal or to the improve- r'O"'~'on 10'
ment or extension of an existing canal, any water supply is made ~:I:f~'I:~'i'"
from a canal, or the amount or duration of any water supply from a ing water-
canal is' increased, the Provincial Government. may, in respect i,~,~~~~d.
of such water supply or increased water supply, levy retrospectively,
from a date not ealier than that on which the water supply was made
or its amount or duration increased. water-rates or increased water-
rates. as the case may be. .
The said rates shall be payable by the person on whose applica-
tion the suoply was granted, or by any person who uses the water
so supplied.
Occasional Rates. U.,l-i'i'r
45. If water supplied through a water-course be used in an when p':''''n
un.iuthorizcd manner. and if the nerson by whose act or neglect ::~,~\~'~:~\:i~~
~.I\"h usc has occurred cannot be identified. the person or all the <<!1~ c"nn~~'
nersons on whose land such water has flowed. if such land has I" .J<n"It<.1
derived benefit therefrom,
or. if no land has derived benefit therefrom, the nerson, or all
tl1'~ ,ier~on~ chargeable in respect of the water supplied . through
Stich water-course.
shall he liable. or jointlv liable, as the case mav be. for the
dlar~~s which shall be made for such usc under Ihe rules prescribed
hv Ih" '[Provincial Government] under section' 70. . "
'46. If 'wafer' supplied through a 'water-course be suffered to ~::~~:'::~,<;
run to waste. and if, after inouiry." the person through whose act or run~ '0
Il~,,'~-t .such waler was suffered. to run to waste 'cannot be dis- '"'' c.
covered, , ' ,..',.:
the person or all the persons chargeable in respect of the water
sunnlied throuch such water-course shan be liable, or jointly liable.
as the case may be, for the charges which shall be made .in respect
of the water so wasted, under the rule prescribed by the ,[Provincial
Government] under section 70. ". .' .
. "II ouestions arising under thi~' and the last preceding section
~h~1I snbiect to the provisions of section 67. be decided by a Canal-
ornc~r dulv emoowered in this behalf.
47~ All c!>'nflies for the unauthorized use or for waste of water ~~~:~~~1"
-"'1\/ h,. reco·~~ered. as water-rates, in addition to any penalties j'' ~<!il;~~~
incurred on account of such use or waste. 0 na ..
Percolation and Leakage-rates.
4R. H it shall annenr to a Canal-officer duly emnowered to I.an~"~i;·;
:-nforre the nrovisious of this section, that any cultivated land within ;~\~1l1 r~,dn'
two hundred vnrds of anv canal rec~ives, bv percolati~n or leakage :~I~:I~i;':~~C.
frOIll such canal, an advantage equivalent to that which would he
~h'cn bv n direct supply of canal-water forirrigation,

I. Subs. ibi,l for "0'" In C. ~.

2. Substiluted vide W.p. ord:JNo. xxxvrn of 1969.
 16 Irrigation [1879: SiIIlI VII

or that uny cultivated land, wherever situated, derives by a

surface flow, or by means of a well sunk within two hundred yards of
any canal after tlie admission of' water into such canal, a supply
of water which has percolated or leaked from such canal;

he may charge on such land a water-rate not exceeding that

which would ordinarily have been charged Ior a similar direct supply
to land similarly cultivated:
For the purposes of this Act. land charged under this section
shall be deemed to be land irrigated from a canal.
49 to 56. [Protectioll-rale.: Rep, by BUill. Act III of 1880
Recovery of Water-rates. and other Diles ill If rrears,
Waler (Olles 57. Every water-rate leviable under this Act shall be payable
w~n and
to whom to in such instalments and on such dates and to such officers as shall
be paid from time to time be determined under the orders of the '[Provincial
Government] '[or of '[any Commissioner] empowered by '[the
Provincial Government] in this' behalf'].
Arrcan 10 Any such rate, or instalment of the .same, which is not paid on
be ree jver- the day when it becomes due, and any sum <'tue to '[the Provincial
able a'Sland
revenue Government] or to a Canal-officer, whether on behalf of '[the Pro-
vincial Government] or of any other person '~nder Part III '. •
which is not paid when demanded, shall be recoverable according
to the law and under the rules for the time being in force for the
recovery of arrears of land-revenue.

R<o! due Rent payable to the owner of a water-course by a- person autho-

~r~;~ei~ rized to use such water-course shall be payable in such instalments
coursee ta be and on such dates as the Canal-officer duly empowered to act under
~~;:::~Ie section 23 shall direct, and may be recovered on behalf of the owner
fc':'~~~~ according to the law and rules aforesaid:
Provided always that no more shall ai any (i~~ payable to
the owner than is actually recovered from the said person.

I. Subs. by the A.O.• 1937,lor "G. in C:'.

7, In<.,by Ihe Sind R<pealinl and Am<nding Act, 1910 (Sind I of 1910). s. 2, Sch.l. 1'1 ill
Serial No 12
3. Su foot "ole J. page San'/.'
4, Subs, by Ih< A.O" 1937,lor ..Govl. ...
,. Tile words "01 Ibis Act" rcp. by tho Si.d a..er.1 Oauoca AcI.1186 (SiD<! 3 of 1116) Sct..a
 1179: SIocJ VB) 17

PART VII
OF OBTAINING LABOUR POR CANALS ON EMERGENCIES

58. "Whenever it appears 10 a Canal-officer duly" empowered Prottduro

ror obt_IDIIlI
to act under this section, that unless-some work, or repair is imme- labour ror
diately executed such serious. damage will happen to any canal as works or
repairs
to cause sudden and extensive public ,injury; u'JOnlly
rtqui~.
or, that unless some clearance ofa canal or other work which is
necessary in order to maintain the established course 'of irrigation is
immediately executed, serious public loss will occur, .
and that the labo~rers necessary COr the proper execution of
such. repair, clearance or work cannot be .obtained in the ordinary
manner within the time that can be allowed . for the execution of
the same so as to prevent such injury or loss,
the said officer may; by order under his hand, direct that the
provisions of this' section shall be put into operation. for the execu-
tion of such repair, clearance or work; and thereupon every able-
bodied. person who resides or holds land in the vicinity. of the loca-
lity where such repair, clearance or work has to be executed, and
whose name appears in the list hereinafter mentioned. shall, if
required to do so by such officer or by any person authorized by him
in this behalf, be bound to assist in. the execution of such repair,
clearance or work by labouring there at as such officer or any person
authorized by him in this behalf may, ,direct.
All persons so labouring shall be entitled to payment at rates
which shall not be less than the highest rates' for, the time being
paid in the neighbourhood for similar labour,
59. Subject to such rules as may fr~m time to time' be pres- Lis! 011-1>-
cribed under section 70 in this behalf, Hie Collector shall prepare a curers,
list of the persons liable to be required to assist as aforesaid, and
may from time to time add to or alter such list or any part thereof.
60.. All orders mad~' under ~ecti~n 58 ,shall be immediately Roporl.lo
reported to the Collector "and likewise to .the Chief Engineer for ~:::;~lf~.
Irrigation, for the information or '[the Provincial Government].
PART VJJJ
OF PENALTIl'S
61. Whoever voluntarily and witho~lt p~oper' authority- for d.mal·
ina canal. ere •
. (I) damages, alters, enlarges or obstructs any canal:
I, Sub., by the A.O .• 1937, for "Govt,".
2, Omltlod vide S;nd Clovl. I!.O. 0.,<11. or 171h M,rch. i972,
l (Iv) 139-3
III Irrigation [1879: ~1D4 vn
(2) interferes with, or increases, or diminishes the supply of
water in. or the flow of water from. through. over or
under any canal. or by any means raises or lowers
the level of the water in' any canal;
(3) corrupts or fouls the water of any canal so as to renderit
less fit for the purposes for which it is ordinarily used;
(4) destroys. defaces or moves' any land or level'; mark or
water-gauge fixed by the authority of a public servant;
(5) destroys, tampers' with, or removes, any apparatus or
part of any apparatus,. for controlling. regulating or
measuring the flow of water in any canal;
(6) passes or causes animals or vehicles to pass, 'in accross
any of tho works, banks or channels of a canal con-
trary to rules made under section 70, after he has
been desired to desist 'therefrom;'
(7) causes or knowingly and wilfully permits cattle to graze
upon any canal or, flood-embankment, or tethers or
causes or knowingly and wilfully permits cattle to be
tethered, upon any' such canal or embankment, or
roots up any grass or other vegetation growing-on any
such canal or embankment, or removes, cuts or in - any
way injures, or causes to he removed, cut or otherwise
injured, any tree, bush, grass or· hedge intended for
the protection of such canal or embankment;
(8) neglects, without reasonable cause, to assist or to continue
to assist in the execution of any, repair, clearance or
work, when lawfully bound so to do under section 58;
(9) violates any rule made under section 70 for breach where-
of the '(Provincial Government] shall in such rules,
direct that a penalty may be incurred;
and whoever-
nO) being responsible for the maintenance of awater-course,
or using a water-course, neglects to take' proper precau-
tions Cor the prevention of waste of the water thereof,
or interferes with the authorized distribution of the
water therefrom, or uses such water in an unautho-
rized manner or prevents or interferes with the lawful
use of such water-course by any person authorized
to use tlie same or declared to be a ioinr owner thereof
under section 23; .

I. Sub<. by the A.O., 1937, for "0. In C ...

 1879: Sind vnl Irrigation 19

shall, when such act shall not amount to t1;~ offence of com-
mitting mischief within the meaning of the '[Pakistan] Penal Code,
on conviction beCore a Magistrate, be punished for each such olIence XLV of 1860'
with '[imprisonment of either description for a term which may
extend to three months or \\ uh line whi, h may extend to one thou-
sand rupees or with both J .'

• • • I•
•
62. Whoever without proper authority- Fortnd'n'
gecin. !lID ..
(1) rierces or cuts through, or attempts to pierce or cut hililyof e'oll
througn, or otherwise to damage, destroy or endanger ere.
the stability of any canal;
(2) opens, shuts or obstructs, or attempts to open, shut or
obstruct any sluice in any canal;
(3) makes any dam or 'obstruction for the purpose of diverting
or opposing the current of a river or canal on the bank
whereof there is a flood-embankment, or refuses or
neglects to remove any such dam or obstruction when
lawfully required so to do;
Shall, when such act shall not amount to the offence of cum-
milling mischief with the. meaning of the '[Pakistan] 'Penal Code,>ClVofl860
on conviction before a Magistrate '[be punished for each such offence
with imprisonment of either description for a term which may ex-
tend to one year or with fine which may extend to two thousand
rupees], or with both.
'62-A. .Whoever abets the commission of an offence under this p . h
Act shall be punished as if he has committed the offence himself. fo~o~~7m~~t
Explanation.-Any Public Servant who connives or directly or
indirectly assists, in the commission' of ali offence shall be deemed
to be an abettor.
63. Whenever any person is convicted under either of the last .
two preceding sections, the convicting Magistrate may order that ~bs~o~:::nv_
he shall remove the obstruction or repair ·the damage in respect of e~ and ~.~ •.
which the conviction is held within a period to be fixed in such order. se repaired.
If such person neglects or refuses to obey such order within the
1 . Sub'l;. (ort'lndian" by Sind OrcJinancc 5 of 19S5, s. 4. read with W.P. Act I of 1956. proviso
(w.e.I, 29lh May. 1951).
2. The words "or with Imprisonment (or a term which n:'3Y cltend to one month. or wilh
both" ommtned by the Sind Irril.tion (Amdt.) Act. 1940 (Sind J 5 of 1940). S.2.
3. The word or either description within the meanin g or the .sOlid code., rep, by Ihe
- slnd leneral cllu!e' Act. 1186 (Sind 3 of 188~). Sch, B.
4. 4.'A.6:'-vlde Sind Act Vl of 1976. No; PAS/L<lj'/Bill-21/H daled·3.. t Mar<:' 1916.
 20 Irrigation (1879: Siod vn
period so fixed, any Canal-Officer duly empowered in this behalf
may remove such obstruction or repair such damage, and the cost
of such removal or repair, as certified by the said officer, shall be
leviable from such person by the Collector as an arrear of land-
revenue.
~~on~d 64. Any person in charge of, or employed upon, any canal
oocooal may remove from the lands or buildings belonging thereto or may
::';In':c~ take into"",ustody without a warrant, and take forthwith before
iolo cusrodr. a Magistrate or to the nearest Police-station. to be dealt with
according to law, any person who within his view-
(I) wilfully damages, obstructs or fouls any canal, or
(2) without proper authority interferes with the supply or
now of water, in or from any canal, or in any river or
stream so as to endanger, damage, make dangerous
or render less useful any canal.
S:\ViQ3 of 65. Nothing herein contained. shall prevent any person from
pro~ecul ion
IIndc:r olhcr
being prosecuted under any other law for any act or omission made
Ii\W~. punishable by this Act.
Provided that no person shall be punished twice in repect of
one and the same act or omission.
Payment of 66. Whenever any person is fined (or an olIence under this Act,
:'O~ r;'",:;'.:~ the Court which imposes such fine, or
which confirms in appeal or
on" 01 . revision a sentence of such fine, or a sentence of which such fine
forms part, may direct that the whole or any part of such fine may
be paid by way of award to any person who gave information lead-
ing to the detection of such offence or to the conviction of the
offender.
H the fine be awarded by a Court whose decision is subject to
appeal or revision, the amount awarded shall not be paid until the
period prescribed for presentation of the appeal has elapsed, or
If an appeal be presented till after tile decision of the appeal.
PART IX.
MISCELLANEOUS
Arp<:.llI r;T. Every order passed by a Canal-officer under sections 13,
",~i\in!ol
Clrder' UDder 18, 25, '28-A, 30,45,46 and 48 shall be appealable to the Collector,
Acl.
Provided that the appeal be presented within '[sixty] days' of
the dale on which the order appealed against was communicated
to the ap~llant.
I. suh by tHe Sind Irtlvlloo (Second hmdl.) Act. 19J9(SiDd II Df 19J9). S. 2 for "Iblrly"
2. I"'<flad ,ttl. n.o. Guelte dr. 31.3-76.
 1179: SW VII] irrigation 21
'Provided further lhat an appeal against the order of the Canal
OfIiccr passed under Section 28·A shall not be entertained unless
the appellant has deposited the cost payable under the order of the
Canal 0fIicc:z.

All orders aDd proceedings of a Collector under this Act shall be

mbject to lbe supervision and control.of thd:[Commissioncr]' • • •.

68. Any officer empowered under this Act to conduct any Pcwe 10
an
inquiry may exercise such powers connected with the summoning ~~=~"nd
and examining 0( witness and the production .. of documents as wiloesses,
are conferred on Civil Courts by the Code of Civil Procedure; and
every such ioquiJy shall be deemed a judicial proceeding.

or
69. Service any notice under this Act shall be made by SeTviceot
delivering or tendering a copy thereof signed by the officer therein ooli«:.
mentioned: Whenever it may be practicable, the service of the
notice shall be made on the person therein named. When such
person cannot be found, the service may be made on any adult male
member 0( his f8miJy residing with him; and, if no such adult male
member can be found, the notice may be served by fixing the copy
on the outer door or
the house in which the person therein named
ordinarily dwdls or carries on busiriess; and, if such person has no
ordinary place of residence within the district, service of any notice
may be made by sendiug copy of such notice by post in a registered
cover addressed to such. person at his usual residence.

'fIJ-A. A person who could not be served in the. manner laid- Scn~o'
down in Section 69 and whose where-abouts are not known, may be eoteewbee
served by publishing a notice in at least oneUrdu and one Sind hi =":~
daily newspaper and one local newspaper of the District, if any. ~~~"
. • . 1DaDDCI'.
70. The '[Provincial Government] may from time to time Pow<,l o
make rules' not iDoonsistent with this Act, to regulate the following :-.l'~~~r
matter:- ruleo.

{aJ the proceedings of any office who, under any provision

of this Act. is required or empowered to take action
in any matter;

I. sw Act VI 0( lr76. viele No: pASILqi,!B0I·2Inl dllad list MI..,h 1976.

2. SiDof Ord"_ No: xvn or 1974 Notinoatloo dl 22·10-1974.
1. SuI>,."" G<nomJm<uI or S;"d l!. O. O~'" <bled 171h MaTdl 1m.
4. Sola. by a.e A.o. 1917 ror "0. ;" c."
s. Pox ..... _ !.L.Jl. IDCI o.
 22 Irrlgatlon [1879: Sind vn
(b) the cases in which, the officersto whom, and. the con-
ditions subject to which, orders a Ill] decisions given
under any provision of this Act, am] not. expressly
provided for as regards appeal, shall he appealable;
(c) the person by whom, the time, . place or manner at or in
which, anything for the doing of which provision is
made in this Act, shall be done;
(II) the amount of any charge to be made under this Act;
(c) and generally to carry alit the provisions of this Act;

The Provincial Government] may. from time to time, alter or

cancel an] rules so made.
ruhhe.li o n Such rules, alterations and cancclmcnts shall be published in
ot ,,,1<\ • the '[Oflicial Gazelle], and shall thereupon have the force of law.

Saving "f 71. Nothing in this Act shall be deemed to applv to any canal,
rn"nie'p"f channel, reservoir, lake or other collection of water vesting in any
water-work s, municipality,

'PART X
OF SECOND-CLASS IRRIGATION WORKS·

APphc.li"n 72. This Part shall apply to Second-class Irrigation' WorKs

01 lI,i, Part only.

Noufication 7J. (I) The '[ Provincial Government 1 may publish a notifica-
of See<>n,l· tion In the '[Official Gazette]. .
Cia\.' ir ri-
roll inn work.
(0) declaring that It IS proposed to constitute IIny canal,
channel, steam, river, pipe or reservoir, natural or
artificial, any part thereof, whether constructed
maintained or controlled by '[the Provincial Govern-
ment] or not, which is actually used or required for the
purposes of irrigation, a Second-class irrigation Work;
(IJ) fixing a period of not less than four months from the date
of publication of such notification in the '[Officinl
-_.-----_._-_ ... _----_ .. _----------
-1~ St~l'\~h";IIle A.a.. 1937,Ior "<I. in Coo.
2. Suh •. hy Ihe A.O., 1937. IN -n (;.G ....
3. Par t X w.'
in', by Ihe Sind Irrigation (Arndl.) Act, 1914 (Sind 2 of 1914), s. 2-
4. Sub •. by the A.• 1937. (or O. "Govt."
 1879: I'llnd VII) Irrigation 23
Gazette] for the submission of objections to such
proposal:
Provided that no artificial reservoir or water-course supplied
from such reservoir which is actuallv used for the
purposes of irrigation by a single irrigator shall be
included in such notification except either with the
consent of such irrigator or, if in the opinion of the
'[Provincial Government] such inclusion is necessary
in the public interests, then without such consent
but subject to the payment, after the issue of the
declaration mentioned in sub-section (3), to such
irrigator of such compensation for his rights as may be
settled in accordance with the provisions of section 79
(2) After the publication of such notification in the '[Official
Gazette 1 it shall also be published by the Collector as soon as
practicable in the language of the district at the '[Mukhtiarkar's]
office of the teluka in which the work is situated and in every town
and village which in the opinion of the Collector is likelv to be
affected by such notification.
(3) After considering such objections as may have been received
within the period fixed as aforesaid the '[Provincial Government]
may, by notification in the '[Official Gazette]," declare such canal,
channel, stream, river, pipe or reservoir or any part thereof to be a
Second-class Irrigation Work:
74. When a notification has been issued under sub-section (3) rr0't;;~~
of section 73 the Collector shall publish in the language of the district ~~rleclor.
at the '[Mukhtiarkar's1 office of the taluka in which the work is
situated. and in every town and village which in his opinion is likely
to be affected by such declar- tion, a proclamation-
(a) specifying, as nearly as possible.: the source of supply,
situation and limits of the Second-class Irrigation
Work notified under sub-section 0\ of section 73;'
(f,) stating that this Part applies to the work so notified
from the date of the notification published under
sub-section (3) of section 73; and
(e) fixing a period of not less than three months from the
date of such proclamation. and rcouirinc everv
person claiming arrv ripht in the work so notified either
to present to the Collector within such period a written
notice specifying, or to appear before him and state,
tlie nature of such right.

1. ~u"'. by the A.O.• 1937. ro""G.ln C.".

z, Suh!. (bra. ro""'!l.G.G.". .
3. S""", for '"Mamtatdar'1 " by SInd Ordln'n~""5!'of 1955, s. 13, read with W.P. Ad. I
of t~ !,",ovioo loTs. 3. .
 24 Irrlftltfon [11m i SW VB

7ft (I). A Second-class irrigation Work sliall be deemed to be

a canal within the meaning of sub-section (I) of section 3 and to
such work the following sections and Parts only shall, so far as may
be, apply.vnamelyr-e-

Sections 3,4, 8,9, 10, n, 12, 13, 14, 16, 17, 18, 19,20, 2f, 22;
23, 24, 30, Part V, Part VllI, except sub-section (8) of
section (8) of section 611, and Part IX.

m The aforesaid sections and Parts shall, for the purposes of

this Part, be subject to the following modifications, namely:-

(I) In section 16 before the word "any" prefix tlie words--

"Subject to any rights recorded in the Record-of-rights
prepared or revised as hereinafter provided".
(iI) In section 17 before the word "any" prefix the words
"Subject as aforesaid"
(iii) In section 21 for clauses (d), the followingshall be subs-
tituted, namely:-

"(d) To have a supply of water on such terms as may

be prescribed' in the Record-of-rights: prepared or
revised as hereinafter provided."
(iv) To section 22 the following proviso shall' be added
namely:-
"Provided that no such private arrangement shall
affect any rights to water recorded in theRecord-of-
rights prepared or revised as hereinafter provided."
(v) In section 30 for the words "every agreement for" tlie
words "all rights to" shall be substituted, and 'in the
same section after the ,word "property" the words
"which have been recorded in the Record-of-rights pte-
pared or revised as hereinafter provided" sliaU be
inserted. Paragraph 2 of the same section shall be
omitted.
(VI) In Part V, section 31', proviso clause '(c) and the last
, paragraph shall be omitted.

'(y'm In Part V, section 34, the words "section 6, section T"

shall be omitted.
 1179; SW WI Irrigation 25

(viii) In Part IX; sectiori67. after figures "48" the words "and"
Part X" shall be Inserted,

76. (1) As soon as Possible after. the expiry of the period fixed F",ml~g 0 1
by the Collector under section 74, clause (c), a Canal-officer duly ~~tor.
empowered in this behalf, who shall bea Revenue otficer not below
the rank of a I [Mukhtiarkar] , shall Inquire into. and settle claims to
any right intbe Second-Class Irrigation Wo~k,. and shall record the
extent of suchright and draw up in the'fo,rm fro,,m time to time pres-
cribed by the '[Provincial Government] and Irrigation Record-of-
rights so far' as the same' may be ascertainable' from the ,records of
Government arid the evidence of any person likely to be acquainted
with the same and any other documentary or oral evidence which
the parties concerned or their witnesses may 'produce,

(2) Such Record-of-rights shall contain the following

matters: -:-"
(a) the nature of the Second-Class Irrigation Work and any
work subsidiary thereto.
(b) 'the lands irrigable therefrom.
(c) the custom or rule of irrigation,

(d) the rights to water and the conditions on which such

rights are enjoyed, and
(e) such other matters as the '[Provincial Government] may
by rules prescribe in this behalf.

71., : (l) For the purposes of ~he inquiries under section 76 Powers "I
such Canal-officer,may enter, by: himself or any officer authorised CaDalomea-
by him Ior the purpose, upon any land adjacent to any such work,
and may survey, demarcate and make a map of the same.

i (2). Notwithstanding anything contained in section 76.where no

sufficient evidence is forthcoming as to all or any of the matters
specified in that section such Canal-officer shall, far as may be
settle
deem and
fit. ,record
. , the aforesaid
' . matters in such manner as he may'

!. Subs. for "mamlatdar-

proYlSO to I. 3. .
Sind or dinanee 5 or 1955, s. 13, read with W.P. Act I
0
r 191'
• '.

:L Subs. by the A.O., 1937, ror "0. In C:',

 26 irrigation (1879: Sind VIl
Revision ~ 78. The Record-of-rights prepared under section 76 may be
Record
or riah'l. revised from time to time by a Canal-officer.duly empowered in that
behalf, who shall be a Revenue officer not below the rank of a
'k,Mukhtiarkar].
Commuta- 79. Where the Canal-officer who has prepared or revised: any
tiou 01 ,illb" Record-of-rights under this Part finds that, having due regard to the
maintenance or management of the Second-class Irrigation Work.
any right contained in the Record-of-rights cannot continue to be
exercised to the extent recorded, he shall (subject to such rules as
the '[Provincial Government) may from time to time prescribe in
this behalf), commute such right wholly or in part, either by the pay-
ment to the holder of such right of a sum of .money in lieu thereof,
or by the grant of land. or in such other manner as he may think
fit; and he shall revise the Record-of-rights accordingly. '
Po,,", of 80. In the event of '[the Provincial Government] undertaking
~~~'~,c~~~nl at their own cost any work whereby the supply of water' in any
whert wo,k. Second-class Irrigation Work is increased beyond the amount Qt,
::d<T.al,n such supply at the time of preparing or revising the Record-of-rights
inc'Winll under this Part the '[Porvincial Government] may, without prejudice
supply. to any rights so recorded, direct that the right to such surplus water
shall vest in '[the Crown for the purposes of the Province) and shall
be applied as '[the Provincial Government] may deem fit and the
Record-of-rights shall be revised in accordance with such
direction.
Puhlicaticn 81. When any Record-of-rights has been prepared or revised
of Rrcord
of li'h1s.
under this Part it shall be published in the language of the' district
at the '[Mukhtiarkar's] Office of the taluka in which the work is
situated and in every town and village which in the opinion of the
Collector is affected by such Record-of-rigbts.
Er.tries ln 82. An entry in any Record of rights prepared or revised under
tle Record
or liabls to this Part shall be relevant as evidence in any dispute as to the matters
be uk".oC recorded•..and shall be presumed to be true until the contrary
II evlder ce,
proved or a new entry is lawfully substituted therefor:
Provided that no such entry shali be so construed as to limit
any or the powersconferred on the '[Provincial Government] bv
this Part.

I. Sub" for "Mam\ald"" and Marn'altl,,"" by Sind Ordinance S of t9SS, t. 13, rftd
"'.P. Acl. 1 of 195fi. rroviso 10 5. 3.
.h.
2. Sub<. bylhe A.O.,1937, 10,"0. in C:',
" Sub<. i6/4, for .. Govl .",
 1879: Sind VIII Irrigation 27

83. (I) In .any suit or proceedi~g in which a~ entry . ll1~de in ~,~,titC: g:

any Record-of-rights prepared or revised under this Part IS directly I !v<n lothe
or indirectly called in question, the Court shall.' before the final ColI« lo r.
settlement of issues, give notice of the suit or proceeding to the Col-
lector , and, if moved to do so by the Collector, shall make the
'[ Provincial Government] a party to the same.

(2) Save as provided in sub -section (I ) no suit shall lie aga inst su;".• t ,.;n.
'rthe Provincial Government 1 in respect of anything done by the r;,~,v.:~~~~nt
Collector. Canal-officer or any .other person actin g under the orders
of " [the Porvincial 'Government] in the ' exe rcise of an y power by
this Part conferred on such Collector, Can al-officer or other person
or on .'f t h ~ Porvineial Government

(J) Any suit or proceeding in which an entry made in any r 'if1 .ot
Record-of-rights prepared or revised under this Part is . directly 'm' . IOn.
or indirectly .called in question. the Court shall. before the final
tion 'has Dot been set up as a defence) if it has not been instituted
within one year from the date of the publication under section 81'
of the Record-of-rights containing the said entry, or if one or more
appeals have been made against any order of a Canal-officer' with
referecne to any entry in such Record-of-rights. then from the date
of any order passed by the final appellate authority, as determined
according to this Part,

M. In every Second-class' Irrigation Work the following re- Ohl iga'I "n
pairs shall b- performed by the persons on whom the obligation to 10 ~.rr~ o~:.
perform them is imposed by the next followinn section, 'that is r< Y' ~.' '0
say:-

(1) The filling up of gullies, ruts and holes, esnecially at the

back of revetments. and ' all petty repairs of a like
nature essential for the safety of bunds, of tanks.
Channel banks or other portions of the said Second-
class Irrigation Work.

(2) The prevention of the growth on such work 'of prickly

pear, young trees and other vegetation endangering
the safety or concealing the condition of such wor k.

I. Subs. by tbe A·f)-, 1937, for Seaell!)' of State Ic r lnd i. in Council ",
:z.. Subs. 1)/,1. fo'''Oovt.".
 2ft lrrlgalton (1879: ShMI VB

(J) The preservation of such bushes and grasses as have been

planted for the protection of the interior water slopes
of such work.

(4) The clearance of silt from sluices. supply and distributing

channels.

(51 The clearance of waste weirs and waste channels:

I ncidence of
ebligation.
85. The obligation to perform the repairs prescribedby tlie
last preceding section shall. with reference to any-land irrigated from
such work, be deemed to be imposed jointly and severally. in the
case of unalienated land. on the occupants of the land, and, in the
case of all other land, on the holders of the land, as defined in either
case in the '[Sind] Land Revenue Code, 1879. Sidd
v of
1&7'.
power to 86. If any person on' whom any obligation is imposed witli
enforce
righl. add reference to any Second-class Irrigation Work by any of the 'provi-
obligations. sions of-this Part, fails to fulfil the obligation soimposed, or if any
person infringes any right recorded in the Record-of-rights .prepared
or revised as hereinbefore provided. the Canal-officer may require
him by notice to fulfil such obligation ·or to de!ist from infringing
such right within a period to be prescribed in the notice of not less
than fifteen days, and in the event of failure may take 'sueli steps
as may be necessary for the discharge of the said obligation. or the
enforcement of the said right. and the amount of any expense so
incurred shall be a sum due td '[the Provincial Government] and
recoverable as an arrear' of land revenue,
Duty of
Tapedar 10
87. It shall be the duty of the '[Tapedar] of any village within
'ep.ort the limits of which any Second-class Irrigation Work Or portion of
rallure to such work is situated to report to the '[Mukhtiarkar]'. without
eCrecl
repairs. unnecessary delay any failure or neglect to carry out any of the
repairs specified in section 84.

~~~I~~~" 88. No suit, prosecution or other legal proceeding shall be

some maintained against any public servant or person appointed under
O~~~~<Od' this Part in respect of anything in good faith donc or purporting
r,.;'m leita l to be done under the provisions thereof or the rules made there-
p,oce<d1nKt. under.

J. Sl't foot note 3,1'. ton". .

2. S"M. by the A.O., 1937. ro' ..Gcvt .".
3. Sub•. fo,"Patel" by Sind ordinance S oCI95S••. 13.....d with W.P. Act. Tof Iq~. I"'~vi..
to'.3.
~. S" Coot note I. ". 24 rmt e.
 (1179: SIDcI vn 29

89. The ,[Provincial Government] may, from time to time by p,~<r I~

notification in the '[Official Gazette] and after previous publication, mo < 'II ee,
make rules' as to all or any of the followingmatters:

(,) the manner of Iraming and revis~ng Hie Record-of-rights,

(iI) the proceedings of any officer who under the provisions
of this PartIs required to take action in any matter,
liil) and generally 'to Carry outthe provisions of this Part.

['PART XI]
SPOCIAL PROVlSIONS FOR CERTAIN LANDS IRR1GABLE BY THE LLOYD
BARRAGB CANALS.

90. This Part shall apply, in the first instance, to lands irrigable \rt.ication
l>y the Lloyd Barrage Canals only. The '[Provincial Government] 0 Ihll r.rI·
may, from time to time, 'by notification in the '[Official Gazette],
extend this Part to lands irrigable by such other canals in Sind as
may; from time to time, be improved or re-moddelled for the more

.
efficient distribution ofwater therefrom:
• • • •
. Provided····· that if and when this part is extended to such
lands, the cost of reconstructing water-courses shall not be charged
bn lands watered within the 20 years immediately preceding the
date of such notification by canals in lower Sind' outside the zone
commanded by the Lloyd Barrage Canals.'
9f. (I) Whenever it appears to any Canal-Officer not inferior' 011« '0
in rank to an Executive Engineer that it is expedient to change the ~.~~: f
s0\!ICC of water-supply of any land for the tnore efficient distribution w.~«·,~ppl)
of water, he .shaH.serve a: notice on the holder or holders of the land
and, if lie proposes: to transfer. the source of water-supply of
the land to any existing water-course, on the' owner or owners of
such water-course also, calling upon them to state in writing their
objections, if any, as to the source or alignment or construction of
the proposed water-course..

J. s"bs- ~ Ille A.O .•1937. (or ''G. ill c."

~;,,~~r ~~I~~~k>a SU S.L.R. ...,d 0:
i4. T1ds l\eadinc aod """'om 90.91.92. and 93 ;",·h. Siud 14 of 1931. s 4.
5. _10 be ""nstmo-l u rlenin. to I.... Dist'ict, nf Dadu. Hyderabad. T'·arpa,kar. UJ'Il<f
lind ~ier. Larb.... N....bshah. S.n!'har, Suklrur, Tholla, Sa W. P; Acl, I~ of 19~7

s. 36~ITb~~\.;";'" and tho Word "unber In lbe s«o06 l'rO"'iao omitted by W. P. "ct 16
'S7. a. 3 (3)."'" SCb. 111.
 30 Irrigation [1879: SIu4 VU
(2) (I) If no objection is raised within thirty days from the date
of service of the notice, the Canal-officer may chango the source of
water-supply of th : land in such manner as he thinks expedient.
(i,) If any objections are received within the said period of
thirty days, the Canal-officer shall give the holder or holders of
'[the land and the owner or owners of the water-course1 a reason-
able opportunity of being heard and may, if the said objection are
settled, proceed to change the source of water-supply accordingly.
(iii) If no settlement in respect of the said objections be arrived
at between the Canal-officer and the holder or holders of '[the land
and the owner or owners of the water-courselthe Canal-officer shall
forthwith refer the matter to the Collector whose decision, subject
to any orders that may be passed in revision by the '[Commisso-
ner], shall be final and conclusive as" regards the alignment and
construction of the proposed' water-course "and shan not be

.
called in Question in any Civil Court.
• • • • • • •
Co"dru c-
lion or new 92. (1) If •• • • ·it shall appear to 'Fany Canal-
w,ter officer not inferior in rank to an Executive Engineer1 that new
~;';I~";;:=Y ~ water-courses should be constructed for the irrigation of any land
laad holden In place of any existing water-courses, '[or any existing sources
~rc~Ym·el of water supply] it shall he lawful for him to construct such water-
lbt1t<>f. courses as he thinks necessary:
'[Provided that before a Canal-officer constructs a water-course
under the provisions of this sub-section, the provisions of the last
preceding section relating 10 notice. objections, reference and' revision
shall, so far as may be, apply as if such water-course were a water-
course to be constructed under the said section, and]
Provided '[further1 that if the holder" or holders or such land
agree to construct such '. • ·water-courses at his or other own
cost to the satisfaction of the Canal-officer within a specified period
the said officer shall give the said holder or holders an option of so
constructing the same.
M
, Sub<. by Sind 15 or \931. s. 2(f). fo. "and eoncc.nM •

2. SInd OrdInance Nn, lCV11 o~ '974 Gareue Nn,Iricat;on dt."22-HH974.

3 Sub-secl.,n (3) was deleted hy S'nd 15 or 19)], s. 2(2).' .
4 The words "in fhl""IIlncc anile provhioo't or-he lasl prtee&rilseCtiOn"' deleted ·'hW 'J(tl1 ftI'
5 SuM. Ibid. s. "1)16). for "t~e Canal·offic<r';. ' •
~ Ins. Ibid. s. )(\)le).. •
1 This "'0";50 iM.lbld. S. J(I)(d).
8 Ins. Ibid• • . 3(\)(,).
9 Th. word .. new deleted /bit.
M
 1879: SW VlIJ irrigation 31
(2) In the event of the holder or holders of any land failing to
construct any '[such] water course '[under the option given to
such holder or holders in the proviso to sub-section (I)] either to
the satisfaction of the :Canal-officer or within the period specified
'. • • ., the Canal-officer mayconstruct '[or reconstruct the
same in whole or in part] ashethinks necessary.
(3) The Canal-officer shall.. on completion of any such water-
course as is referred to in sub-section (1) or (2) give to the holder
or holders of land concerned notice thereof, and shall make over
possession of tire water-course 'to the said holder' or holders.
, ("na) It shaH be competent to the, Canal-officer to fix the Co,t or COnS-
tructiou of
boundaries of local areas which are irrigated, by one canal system, new water-
and within which water-courses have been or are to be constructed Iocal COUTSC'5 in
areas.
iii whole or in part under the provisions of sub-section (I) or (2),
and to determine, the Cost or estimated cost, as the case may be,
of such water-courses, and the sums to be recovered from all holders
of lands irrigated or to be irrigated within such areas as their share
of the cost thereof, The estimated cost of such water-courses to
be constructed within a local area shall be determined by the Canal-
officer on the basis of the actual cost of such water-courses construc-
ted within the local area before the, 30th day of September 1933.
Explanation.-For the purposes of this sub-section a canal
,system means a canal taking qfT direct' from the river Indus, except
in the case of the Nasrat Branch, Jamrao, Tharand Hirai Canals,
each of which shall be' deemed to be' a canal system.
(b) When the Canal-Officer has determinedthe cost of the cons- Distributio.
of cost .r
truction of water-courses in anv local area in accordance with the constradi••
provisions of clause (a), he shall distribute such cost proportionately over irritated
lands,
over the lands irrigated or to be irrigated and shall declare the
amount payable on account of such cost in respect of the land cons-
tituting each survey number as defined in the '[Sind] Land Revenue
Code, 1879. and the amount so determined shall be deemed acharge
upon such land and shall be payable in the manner hereafter pro-
vided, by the holder for the time being of such land '[and the sub-
division of any such survey numbers shall not affect the liability of
the land constituting the survey number for the payment of, tho
amount so determined and interest thereon]:
Provided that in distributing such cost in accordance witli the
provisions of this clause land '[belonging to the Crown] on the ~'st
I las: by Sind 15 of 1933. I. UXa).
~ In>. fbIJ.. L 3(2)(6). '
3 The words :i_q this behalr' deleted Una, a. :J\~I"CJ.
4 Sobo./M4, S;J(2lO. for"tbe "'me or ~oJlSlruc~lhe whole or lDy pIrllbere ol".
5 Sullo. a.I4• .. 30)(0). Cor the oriainal cis,
Ii Sflr'foot..aote 3 p. I "",.. '
7 Subo. by SiDdIi oll939. I. 2, Cor ~.nd no 'uch .urvey number "1111 be sub-divided so 10Dl as
IIoe omounIao dck:nniocd wlth iJIIerut remain' unpaid" '
• Subo. by lho A.O., 1931, for ~Oovt.".
 lrrigatlon (1879: SW VB

day of August 1931 shall be assessed to such cost at twice the rate
of occupied land:
Provided further that when the holder or holders of land have
constructed a part only of a water-course under the option given
by the proviso to sub-section (1) and the Canal-officer has coas-
tructed the remaining part. of' such' water-course there shall be
credited to such holder or holders the cost of. the construction of the
part constructed by them, such cost. being based upon and propor-
tionate to thecost of the construction of water-courses by the
Canal-officer within the local area as determined by the Canal-oftiocr
in accordance wih the provisions of clause .(a).]
(c) The Canal-officer' after determining '[and declaring the
surn'" • • ., payable by each holder of land on account of the
cost of constructing '[or reconstructing a water-COUrse in accordanoo
with the provisions of clause (a) or (b)] shall give notice thereof
to '[such] holder or holders of the land concerned with an intima-
tion that '[the sum payable on account of such cost] has become due
from the date on which possession of the water-course was made
over to '[such holder or holders] and that. if so, desired, '[such
holder or holders] .shall be permitted to pay the sum due '[in twenty
annual equated. instalments carrying interest at the: rate. of
4l per cent. per annum, II default is made in the payment of any
such instalment interest shall be payable on the. amount of the

. . . . .
instalment at the rate 'of 61 per cent, per annftm from the date on

'. ..'
which the instalment fell due to the date of payment].

(d) In- the event of any default in payment Iffof any sum due
under clause (c)] "[and section '92A] . by the holder-
or holders, the sum payable shall be. recoverable under section 5').
If...
(5) "[The holder or holders 1 of land to whom possession 0( a
water-course is given in accordance with the provisions of sub-section
(3) sha1l be U[the owner or owners1 of such water-course.
I Ins. by Slnd I~ of 1933," 3(J)(b)(n.
~ r.:~7b;f;'h3(j~~~~~~r~~11,/~;~~",,".
4 ~ubs.lbld. s. 3(J)(b)(/Y). foT"the".
5 Subs.lhld. s. 3(J)(b)(y). foT....ueh sum".
6 Subs. IbId, s. 3(J)(b)(yl). Ior "him or them".
7 Subs. Ibid s, 30)(b)(,U) fer 'he OT theY':
8 Subs. by Sind 19 of 1941, s. 2(1)(w.e.t.lst February 1938), foT "in t""nt, equol iastaimeni
payable either annually or at soch lesser intervals as may be CoaveD~nt to lueh hoIck'r or holden
logetber with inlerest at such rate u may be fixed by tbe Provincial Governmeat bul Mt ~ lbo
rate payable by the Provincial Gcvemment On ils own bolTowin81 Onthe dale 00 which the 0014 _
became payable u afocesaid"' as amended by Sind 15 of 1933. s. 3(3)(6)(Y/il) and tbe 1'..0" 1m.
IS 011~:';~;~;;;rx~ tbat 110 such instalment sball be less than five rupees-. deleted. 1»' Siall
10 InS. /bid. s. 3(3)«)(1)•
. II Ins, try Sind 19 of 1941. s, 2(U)(w.eJ. hI ~..,\}931).
12 The word "said" deIeled by Sind 15 of 1933. s, 3(31\<)(11).
IJ Subs. iMI. s, 3(4)(.. >. foT....ery holder".
14 Subs Ibid. for"'" owner".
 1879; Sind VII I
I.
Irrigation- }J

• • • • • •
(~) Any person aggrieved b~ an orderof a Canal-officer under
sub-section (4) as to the apportionment of the cost of construction
of a water-course.may present a petition to the Collector requesting
him to revise that order, and the Collectorafter such inquiry as he
thinks necessary and after giving the person concerned a reasonable
opportunity of being heard may pass,'orders as he thinks fit. The
order passed by the Collector shall, 'subject to revision by the
'[Commissioner]. be
final and conclusive unless modified by a Civil
Court of competent jur!sdiction.
'[(7)] If after the construction'ofanv water-course under the
provisions of this section the Canal-officer finds' that any further
alteration in the alignment or construction of. the said water-course
are necessary, it shall be lawful for him with the previous sanction
of the Collector to carry' out such alterations at the expense of
'[the Provincial Government].
Explonotion,-For the purposes of this section "the cost of
constructing a water-course shall, include the cost of. aligning the
water-course and of such preliminary operations as are necessary for
such alignment, but shall not include more than two-thirds of the
cost of main rcctangulation, and sub-rectangulation 1.
[9~A. (1) Notwithstanding anything, contained in section 92 Revision of
it shall be lawful for the Provincial Government to direct the Canal ':r jut u l
Officer to revise, in accordance with the instructions issued by at in or~u:'uso
that, behalf, the sum due under clause (c) of sub-section (4) of ~ection :,e;:~~~~j)
92 on account of the cost of the water-courses the construction or payment
reconstruction of which was completed on 'or before the lst day of II ere or·
February 1938, adding to it simple interest at the rate of 4-! per
ent. per annum from the, 1st day of February 1938 to the 1st day of
February 1942, which latter date -here-in-after in 'this section is
referred to as 'the said date':
Provided that the instructions issued under, this sub-section
shall not be liable to be amended or added to after the said date.
(2lTIle Canal-Officer after revising the sum in accordance
with the provisions of sub-section (I) shall give notice, to the holder
or holde~s of the land concerned ,of the sum so fou'nCt due (herein

I The e'~lan.tion to sub-section m deleted by Sind is of 1933. s. 3(4)(b)

2,Sind Ordinance No: XVJl or 1974 N<liricatk. dt. 22-1()'1974.
3 This sub-section and explanation ins. by Sind U of 1933.5.-)(5).
• Subs. by the A.O.;·19~1. for "Govt.". -
5 Section 921\ ins. hy Sind 19 of 1941, s. 3(w.e.r.1st February, 1938),
 34 Irrigation (1879: Sind VII

after in this section referred to as 'the said sum)' with an intimation

that-
(a) the said sum shall be the Sum payable in lieu of the sum
specified, in the notice issued under clause (c) of sub-
section (4) of section 92 together with simple interest
at the rate of 41 per cent. per annum from the said
, date;
(b) if any payment has been made before the said date, credit
shall be given only for the amount of such payment and
not for any interest on the amount ofsuch .payrnent:
(c) if so desired by such holder or holders he or they shall be
permitted to pay the said sum in twenty annual
equated instalments commencing from. the said date
and carrying simple interest at the rate of 4t per cent.
per annum till payment. In such a case, only the
amount paid before the said date, if any, without
interest thereon shall be credited to the amount of the
instalment or instalments, as the case may be, in the
order in which the same is or are due. If default is
made, in payment of any instalment, interest shall be
payable on the amount of the instalment at the rate of
61 per cent. per annum from the date on which the
instalment fell due to the date of payment:
Provided that such holder or holders of land shall not by reason
only of the fact that such notice has not been issued or served on him
or them or that there has been any irregularity or mistake in the
issue or service of such notice, be entitled to avoid his or their
liability to pay the said sum or an instalment due or interest thereon
as herein provided:
'[Provided further that if the Provincial Government is satisfied
that by reason of damage caused by, a natural calamity to agricul-
tural land or produced in the Province or any part thereof the pay-
ment of the sum which has become due or of the instalment which
has become or is about to become due under this sub-section by such
holder or holders of land should be postponed, it may, by notifi-
cation in the Official Gazelle, direct that the sum or the instalment.
as the case may be, shall be paid on such later date as may be speci-
fied in such notification. Such order may also further direct, not
withstanding anything hereinbefore in this sub-section provided.
that such sum or instalment may be paid without any interest or
bearing interest at such rate, not exceeding 41 per cent. per annum
and for such period, as may be specified in such notification].
I. Subs. by SiDd 11 of 1943,'. 2(a){w.cS. hi February 1938).
 1879; Sind VII) Irrigation 35

(3) Tho provisions of sub-section (6) of section 92 shall apply

mutatis mutandis to an order of the Canal-officer as to the revision
under sub-section ,<1) of the sum due except that the order of the
Collector shali be subject only to revision by the 'Commissioner
and shall not be called into question on any ground whatever in
any Civil Court.
(4) The Provincial Government m.'Y by notification in the
Official Gazette extend the application of this section to any water-
courses within the Lloyd. Barrage Canals System other than those
mentioned in sub-section (1) and the provisions of this section shall
then apply to those water-courses with such consequential modifi-
cations as to the relevant dates and other respects, except as respects
interest, as shall be specified in such notification.] ,

'[92-B. If the sum due under sub-section (2) of section 92-A

has been paid in full on or before the 31st day of December i1942,
then, notwithstanding anything contained in clause (a) of the said
sub-section, no interest shall be payable on such sum.]

93. The provisions of sections 91 and 92 '[except the proviso ,,"elro,pec

to sub-section 0) of section 92] shall be deemed to have come into ::~~~ra-
operation and to have had effect from the lst June 1926: ~e;~i9fl

Provided that any thing done by the Canal-officer under the

said provisions between the Ist June 1926 and the date of the com-
ing into operation of the '[Sind] Irrigation (Amendment) Act, 1931,
shall not be invalid merely on the ground that any procedure laid
down in the provisions has not been followed:

Provided further that no compensation shall be payable for the

stoppage of the supply of water to any water-course or to,any person
wh? was entitled to such "'l:'ply if such stoppage was due to any
action of the Canal-officer changing or transferring the source of
water-supply under the provision of section 91 during the period
aforesaid.

1 Sind Ordinance No: XVll of 1974. Notification dt, 22.IlH974.

2 Section 928 ins. by Sind 11 of 1943, s. :l(b)(w,e.f. tst February 1931).

3 se« foot.Dole 3, p. 1 aete.

 '[SIND ACT No. VII OF 1879.]
Tun SIND IRRIGATION Acr, 1879.
[2nd October, 1879.]
An Act to provide for Irrigation in the '[Province of Sind]
WHEREAS it is necessary to make provision for the construction,
maintenance and regulation of canals, for the supply of water there
from made for the levy of rates for' water so supplied, in the '[Pro-
vince of Sind]; It is enacted as follows:-

PARTI

PRELIMiNARY.

J. This Act may be called the [SIND] Irrigation Act, 1879. Shotl rlue.

Local ..lnl.
It extends to the whole of the '[Province of Sind]

2. [Sections 55, 101 and 105 of Sind Land Revenue Code,

1879, amended. J Rep. hy the Sind Laws (Adaptation, Revision, Re-
peal aile! Declaration) Ordinance, 1955 (Sind 5 of 1955), s. 6, Sch.Ll,
read with W.P. Act I of 1956, proviso to s. 3.

3. In this Act, unless there be something repugnant in the ln l<T1'rca·

subject or context.v- iDa cl·u....

(I) "canal" includes-

(II) all 'canals, channels, tubewells, pipes and reservoirs cons-

tructed, maintained or controlled by '[any Government]
fort he supp!r or storage of water; .

I. Fot SI.• 'ement of Obiect ••nd Reasons, .'U B.G.G., iS7s. PI. V,P. 126:for rcrort or t~
ScItt:1 Committee, JU ibid. 1870 PI. V. p. &1: and for Pr ocecdings in Council, se« IMi, 1179,
PI. Y, rr. J, 115 nod 151.
2. Subs, ror"Bombay Preoidcncy" by Sind Oridnance S ol 19S~, rea d with W.P. Aet I ef 1'5',
proviso 10 s. J (,.,.c.r. 30th May, 1951).
.. 3. Sub<,ibid,(w.e.r.30th Ma!', 19SI\.fo,"Bolllb.y".
4. The wordsin brackets, which were subs, (bid. for "Presidency or Bombay, eJ.~pl iatbe city
or Bombay" should now be constructed as referring to the Districts or Dadn, Hyderabad, That·
~ker, Upper Sind Pronlter. Lukana, Nawabahah, Sanghar, Si.kkur ar.d 1 halla, J~~ W.P.A. XVI
GC 1957, •. 3{\) and Sch. J.
The Act hat also been ex!cDJed to the Di'l,ict of Khairpur see W.P. Ord. 4 or 1959' S.3 tal
Sch.1.
S. SIIb!. by tbe A.O., 1937, Icr "Govt".
,. IJ.1Cr1ed Tide Oov!. or WP. Ord. No. XXl'VIll of 1969 d.ted :1.2Dd Noyember.I96J,